About Rob Rosborough

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I am a litigation partner at Whiteman Osterman & Hanna LLP in Albany, New York, and focus my practice primarily on appellate litigation in the New York state and federal courts, as well as land use and zoning, environmental, and employment litigation.  I have extensive experience in appellate practice, CPLR Article 78 proceedings, religious land use matters, employment discrimination suits, and OSHA matters.

Background

Prior to joining WOH, I was a Senior Court Attorney at the New York Court of Appeals, where I drafted reports to the Judges of the Court recommending the grant or denial of motions for leave to appeal and analyzed complex issues of appellate jurisdiction and reviewability. This valuable experience helped me gain particular know-how in how to frame motions for leave to appeal to the Court and analyze complex issues in a wide variety of areas of New York law.

My Work

  • Brief for Appellee, Jay v GLOBALFOUNDRIES U.S., Inc. (U.S. Court of Appeals for the Second Circuit)
    Question presented: May the plaintiff recover under New York Labor Law § 240 for injuries sustained when he was struck by an HVAC duct being manually loaded into the back of a pickup truck because he chose not to use an available mechanical lift and jumped into the back of the truck before the duct was loaded?
    Oral argument audio:

  • Brief for Respondent, Coopertstown Holstein Corporation v Town of Middlefield (New York Court of Appeals)
    Question presented: May a local municipality use its zoning powers to ban fracking?

  • Brief for Respondents-Appellants, Matter of County of St. Lawrence v Shah (New York Court of Appeals)
    Question presented: Do local social services districts have vested rights entitling them to Medicaid reimbursement for services provided to mentally disabled Medicaid recipients before the Legislature changed the law to say that no reimbursement is owed?

  • Amicus Brief in Support of Appellants, Matter of Adirondack Wild: Friends of the Forest Preserve v New York State Adirondack Park Agency (New York Court of Appeals)
    Question presented: Do the Rivers Act and Adirondack Park Master Plan prohibit the development of a community connector snowmobile trail open to the public through a wild river area of the Adirondack Park Forest Preserve?
  • Amicus Brief in Support of Motion for Leave to Appeal, MBI Intl. Holdings Inc. v Barclays Bank PLC (New York Court of Appeals)
    Question presented: When does the statute of limitations for fraud based on discovery begin to run?
  • Amicus Brief in Support of Respondents, Norse Energy Corp. USA v Town of Dryden (New York Court of Appeals)
    Question presented: May a local municipality use its zoning powers to ban fracking?
  • Motion for Leave to Appeal, Fox v 12 East 88th LLC (New York Court of Appeals)
    Question presented: Where a landlord and an ongoing rent stabilized individual tenant enter into a lease naming the individual’s wholly-owned corporation as tenant instead of the individual, who remains the ongoing actual occupant, resulting in a holding of deregulation under the Rent Stabilization Code, is the corporate lease void ab initio, and would a contrary result effectively establish a blueprint for landlords and tenants to collusively agree to deregulate rent stabilized properties?
  • Motion for Leave to Appeal, Semlear v Incorporated Vil. of Quogue (New York Court of Appeals)
    Question presented: Do the Trustees of the Freeholders and Commonalty of the Town of Southhampton have power to regulate the use of the ocean beaches under pre-Revolutionary War grants from the King of England?
  • Brief for Respondents, Matter of  Village of Woodbury v Seggos (Appellate Division, Third Department)
    Question presented: Did the New York State Department of Environmental Conservation properly grant a water supply permit to the Village of Kiryas Joel?

Publications and Presentations

Education

I earned a Juris Doctor, summa cum laude, from Albany Law School, where I served as the Editor-in-Chief of the Albany Law Review.  Prior to attending law school, I received a Bachelor of Science from Cornell University’s School of Industrial and Labor Relations, where I also ran Varsity Track.

Admissions and Affiliations

I am admitted to practice in all state courts in New York and the United States Court of Appeals for the Second Circuit and the United States District Courts for the Northern, Southern, and Western Districts of New York. I am a member of the New York State Bar Association and the Albany County Bar Association.

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